Syed Ammal Higher Secondary v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No. 12308 of 2017 Syed Ammal Higher Secondary School, Rep. by its Correspondent, Dr.Babu Abdullah, Kenikkarai Velipattinam, Ramanathapuram.

.. Petitioner Vs 1.The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Secretariat, Chennai - 9 2.The Director of School Education, O/o. the Directorate of School Education, DPI compound, Chennai.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to prescribed CBSE syllabus in all the Schools run by the Private Educational Agency and by considering the petitioners representation dated 19.05.2017, within the period that may be stipulated by this Hon'ble Court.

For petitioner : Mr.M.Ajmal Khan, Senior Counsel For Ajmal Associates For respondents : Mr.M.Govindan Special Government Pleader

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] This writ petition has been filed in public interest. The writ petitioner is the correspondent of Syed Ammal Higher Secondary School. Therefore, he is obiviously interested in the

Welfare of the students. It is a well known fact that on account of introduction of National Eligibling cum Entrance Test (NEET), the students studying in CBSE Schools have an advantage and that students studying in Samacheer Kalvi System are not in a position to compete with the CBSE students.

2. Therefore, the writ petitioner wants the authorities to prescribe CBSE syllabus in all the schools run by the State Government and also in the Matriculation Schools run by the private bodies. The petitioner had already submitted a representation dated 19.05.2017 in this regard. Since there is no response to the petitioner's representation, the present writ petition has been filed.

3. When the Writ Petition was taken up for hearing today, the learned Special Government Pleader produced a copy of G.O.Ms.No.99, School Education Department, dated 22.05.2017, which indicates that the Government is also in the process of addressing the concerns raised by the writ petitioner. It was also submitted that an Expert Committee has been constituted under the Chairmanship of Prof.Anandakrishnan, former Vice Chancellor of Anna University and a renowned educationist. In our considered opinion, the matter involved in this writ petition should be resolved only by the Expert Committee. As pointed out earlier, such Expert Committee has already been constituted. We, therefore, permit the writ petitioner to appear before the said Expert Committee and present his views.

4. The learned Senior Counsel appearing for the writ petitioner also fairly submitted that he would be satisfied, if the said Expert Committee is directed to consider the writ petitioner's points and suggestions.

5. We are certain that the said Expert Committee would give the writ petitioner an audience and take his views into account. The writ petitioner is also permitted to submit a written memorandum to the said Committee so as to save time.

6. The Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To:

1.The Secretary to Government, The State of Tamil Nadu, School Education Department, Secretariat, Chennai - 9

2.The Director of School Education, O/o. the Directorate of School Educational, DPI compound, Chennai.

+1cc to M/S.AJMAL ASSOCIATES, Advocate SR.No.70814 +1cc to Special Government Pleader, SR.No. 70995 km MAS/SV-MMS/SAR1:25.09.2017:3P-5C ORDER MADE IN W.P.(MD)No. 12308 of 2017 04.08.2017